Adam Leitman Bailey, P.C., Obtains Judgment of Possession for Landlord Despite Tenants’ Retaliatory Eviction Claim

By Dov Treiman

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The owners of a luxury condominium rental apartment recently turned to Adam Leitman Bailey, P.C., for help after their tenants stopped paying the over $11,000.00 per month rent and then refused to vacate the apartment despite the expiration of the free-market lease.

The tenants, on one hand, claimed that the apartment was plagued by a mouse infestation and that they were entitled to an abatement of rent because the apartment was uninhabitable. On the other hand, the tenants refused to vacate the apartment and claimed that the owners’ refusal to renew the lease was impermissible retaliation for the tenants’ complaints about mice.

Seemingly to bolster their retaliatory eviction defense, the tenants commenced an HP proceeding against the owners seeking to direct the owners to correct the alleged mice issues. The team at Adam Leitman Bailey, P.C., identified that there were no HPD violations recorded and interposed an answer to the tenants’ petition, including a counterclaim for attorneys fees. The team then pushed the tenants to proceed to trial, at which point, the tenants discontinued their proceeding with prejudice.

Next, as the lease had expired by this point, Adam Leitman Bailey, P.C., commenced a holdover proceeding against the tenants and moved for a use and occupancy order. The tenants interposed an affirmative defense of retaliatory  eviction. The team prepared for and pushed the matter for trial.

In court on the day of the trial, Adam Leitman Bailey, P.C., settled the proceeding. The tenants consented to final judgment of possession in favor of the landlord.

Dov Treiman and Vladimir Mironenko of Adam Leitman Bailey, P.C., represented the landlord in the HP and holdover proceedings.

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